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mistrial in case of killing a transgender teen

Slugman

Frankenbike
Apr 29, 2004
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Miami, FL
link - http://www.cnn.com/2004/LAW/06/22/transgender.killing.ap/index.html

HAYWARD, California (AP) -- A judge declared a mistrial Tuesday in the case of three men accused of killing a transgender teen after jurors declared they were deadlocked.

The case has been closely watched by transgender advocates, who said the verdicts would send a message about how much their lives are valued.

Michael Magidson, Jose Merel and Jason Cazares, all 24, were charged with killing a 17-year-old who was known as Gwen but was born Edward Araujo.

According to trial testimony, Araujo was beaten and strangled after her biological identity was revealed during a confrontation on October 4, 2002, at Merel's house in Newark, a San Francisco suburb. Merel and Magidson had had sexual encounters with Araujo and had become suspicious about Araujo's gender after comparing notes, according to testimony.

Alameda County Superior Court Judge Harry Sheppard declared the mistrial after the jury foreman announced that the eight men and four women were deadlocked after nine days of deliberations.

If they had decided to convict, the jury would have had the option of returning verdicts of first-degree murder, punishable by 25 years to life in prison; second-degree murder, 15-to-life; or manslaughter, which carries a maximum term of 11 years.

The case was charged as a hate crime, which could add four years to sentences.

Cazares had sought acquittal, saying he wasn't involved in the killing and only helped bury the body. Magidson's attorney argued the case was not murder but manslaughter, a crime of passion triggered by sexual fraud.

:eek: Damn... how the hell do you stay objective about murder if you're a man on that jury!!!
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
Slugman said:
:eek: Damn... how the hell do you stay objective about murder if you're a man on that jury!!!
i hear ya, but if they simply gave the tranny a beating, I'd let 'em walk, but murder?

Why didn't the defending lawyer just plead 'em temporarily insane?
 

Slugman

Frankenbike
Apr 29, 2004
4,024
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Miami, FL
LordOpie said:
Why didn't the defending lawyer just plead 'em temporarily insane?
Probably b/c 2 of them had done the deed (shudder) with "it" and compaired notes. So at that point the prosecution could have argued that it's pre-meditated, even though they didn't know yet, they suspected...
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
Slugman said:
Probably b/c 2 of them had done the deed (shudder) with "it" and compaired notes. So at that point the prosecution could have argued that it's pre-meditated, even though they didn't know yet, they suspected...
well, we're just speculating here, but comparing notes is when they'd figure it out and that's when they might have lost rational thinking and gone into a rage. I'm not justifying it, but it's possible. And frankly, trannies that lie deserve a beating. Anyone who lies... like if a woman found out that the guy she's with is married, he deserves a beating.
 

DRB

unemployed bum
Oct 24, 2002
15,242
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Watchin' you. Writing it all down.
LordOpie said:
well, we're just speculating here, but comparing notes is when they'd figure it out and that's when they might have lost rational thinking and gone into a rage. I'm not justifying it, but it's possible. And frankly, trannies that lie deserve a beating. Anyone who lies... like if a woman found out that the guy she's with is married, he deserves a beating.
How bad a beating? A black eye? Broken cheek? One broken rib NOT two broken ribs? Or is two okay? AND if you exceed the beating limit do you in turn deserve a beating?

:rolleyes:
 

Tenchiro

Attention K Mart Shoppers
Jul 19, 2002
5,407
0
New England
I know if I found out that the chick I just banged was actually a dude, I think a smackdown would be at the forefront of my thoughts.
 

golgiaparatus

Out of my element
Aug 30, 2002
7,340
41
Deep in the Jungles of Oklahoma
I dont get it, why was it a mistrial? Did they have evidence that the dude killed the she/man? If so lock the punk azz up. However, If Im getting ready to have sex with someone I think is a girl and they arent up front about the fact tahat they have a d!ck... there sure is going to be a violent ass whoopin goin down because, well thats just nasty as hell... killng the person is way over the line though.
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
DRB said:
How bad a beating? A black eye? Broken cheek? One broken rib NOT two broken ribs? Or is two okay? AND if you exceed the beating limit do you in turn deserve a beating?

:rolleyes:
so you're saying that if a tranny went down on you, you'd be cool with the deception?

Suppose your sister had a relationship with a married guy for six months and didn't know he was married. She found out, kicked him in the balls and broke his nose. You'd tell her she was wrong for doing that?

Careful, bit of a fall from that high horse you're on there.
 

RhinofromWA

Brevity R Us
Aug 16, 2001
4,622
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Lynnwood, WA
I remember less than a year or so ago a lady walked in on her husband and his mistress in a motel or something.

She said it was her or the misteress....the husband choose the mistress. :eek:

Wife left went back to the car with her child(pre/early teenager) and as the husband left the property she ran him over and proceeded to drive over and over and over and over him. :eek: :eek: I think she did tight circles (but might have just gone forward and backwards)

I think she got a slap on the wrist and let go with temporary insanity plea. :rolleyes:

Yeah she was pissed off, but temporary insanity should not be a defense. It should be a ticket to the slammer........or death row. She had to sit there waiting for him.

So yeah people get off (or split the jury decision) with temp insanity.

Freaky thing is there was footage I believe of her running around the lot (but I am more fuzzy on that part)
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
RhinofromWA said:
I remember less than a year or so ago a lady walked in on her husband and his mistress in a motel or something.

She said it was her or the misteress....the husband choose the mistress. :eek:

Wife left went back to the car with her child(pre/early teenager) and as the husband left the property she ran him over and proceeded to drive over and over and over and over him. :eek: :eek: I think she did tight circles (but might have just gone forward and backwards)

I think she got a slap on the wrist and let go with temporary insanity plea. :rolleyes:

Yeah she was pissed off, but temporary insanity should not be a defense. It should be a ticket to the slammer........or death row. She had to sit there waiting for him.

So yeah people get off (or split the jury decision) with temp insanity.

Freaky thing is there was footage I believe of her running around the lot (but I am more fuzzy on that part)
I remember that one. That was crazy, I think the kid was a bit older though.

In Calgary in the mid 1990's a woman got away with six months of psychiatric care after shooting her estranged husband six times. Her defence? He had been abusive in the past.

I should mention, it was six times in the back. She claimed she was in a robotic state.
 

Slugman

Frankenbike
Apr 29, 2004
4,024
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Miami, FL
Found out more details last night... but now I can't find the link.

The "her" had gone down on one dude, had the other dude do "her" (separate times) and was now dating a 3rd guy who got suspicous at a party. 3rd guys sister went into the bathroom and reached up "her" skirt and found MR Happy. At the same time the other 2 started to compare notes.

So at this point, it's kind of a heat of the moment situation... however - they started to beat on "her" in the house, but realized that all the blood might stain the couch so they moved teh beating to the garage. At that point 3 people were involved with the punching, kicking, strangling with a rope, and beating with a shovel. The entire time "she" was being held down...

If they kicker "her" ass for 5 min and she died b/c of it I would have a hard time convicting... but after reading what they did - F'ers are going up the river!!! I'm sorry man... but at that point they have shown a clear thought pattern and intent (getting "her" away from the couch so they wouldn't stain it and grabbing the shovel - originally just to bury "her").
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
Slugman said:
Found out more details last night... but now I can't find the link.

The "her" had gone down on one dude, had the other dude do "her" (separate times) and was now dating a 3rd guy who got suspicous at a party. 3rd guys sister went into the bathroom and reached up "her" skirt and found MR Happy. At the same time the other 2 started to compare notes.

So at this point, it's kind of a heat of the moment situation... however - they started to beat on "her" in the house, but realized that all the blood might stain the couch so they moved teh beating to the garage. At that point 3 people were involved with the punching, kicking, strangling with a rope, and beating with a shovel. The entire time "she" was being held down...

If they kicker "her" ass for 5 min and she died b/c of it I would have a hard time convicting... but after reading what they did - F'ers are going up the river!!! I'm sorry man... but at that point they have shown a clear thought pattern and intent (getting "her" away from the couch so they wouldn't stain it and grabbing the shovel - originally just to bury "her").
based on what you said, I think second degree murder. But any beating that results in permanent damage or death deserves punishing. A rage induced beating that lasts just a couple of minutes and causes death should get manslaughter.

A beating that heals within a week is fair enough.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
I think I could actually kill a trannie if I were in that situation. I dont know where the rage would end. I think that's sort of similar to rape.
 

valve bouncer

Master Dildoist
Feb 11, 2002
7,843
114
Japan
BurlySurly said:
I think I could actually kill a trannie if I were in that situation. I dont know where the rage would end. I think that's sort of similar to rape.
Who are you tryin' to kid? Everyone knows you'd hit it. :D
 

Slugman

Frankenbike
Apr 29, 2004
4,024
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Miami, FL
BurlySurly said:
I think I could actually kill a trannie if I were in that situation. I dont know where the rage would end. I think that's sort of similar to rape.
I agree, my wife and I discussed this and she was pissed at me for saying that...

However, legally I think you're F'ed as soon as you start to show rational though BEFORE "she" died (moving the beating to the garage).
 

RhinofromWA

Brevity R Us
Aug 16, 2001
4,622
0
Lynnwood, WA
Slugman said:
I agree, my wife and I discussed this and she was pissed at me for saying that...

However, legally I think you're F'ed as soon as you start to show rational though BEFORE "she" died (moving the beating to the garage).
The thought of getting blood on teh couch doesn't prove they were in a rational state of mind.

Grabbing an object to inflict any sort of pain would suggest premeditation, right? The automobile the lady I mentioned above used would suggest premeditation. If one was truely fully irrational you would hear of a bunch of brutal attempted beating with a pixie sticks and teddy bears.

Moving the body to not make a mess, while a sound choice :rolleyes: does not prove they were rational at the time. It was a angry mob mentality and they, as a collective, dragged the poor soul to their death in the garage.

I still think that temp insanity should not be a defense....but this guy got atleast some jurors sympathy to escape a guilty verdict.

I am not saying I aprove......but I understand where the dudes and the jurors are coming from :D
 

Slugman

Frankenbike
Apr 29, 2004
4,024
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Miami, FL
RhinofromWA said:
The thought of getting blood on teh couch doesn't prove they were in a rational state of mind.
To me, if I were a juror, that would show me that they were aware that their actions would cause serious damage and harm, and they fact that they took steps to avoid it in one area and then continued to do it in a separte is proof that htey knew what their actions would do... hence not temporarily insane.

RhinofromWA said:
Grabbing an object to inflict any sort of pain would suggest premeditation, right? The automobile the lady I mentioned above used would suggest premeditation. If one was truely fully irrational you would hear of a bunch of brutal attempted beating with a pixie sticks and teddy bears.
I would have convicted her too... hit him once, OK. She treated him like her personal speedbump for a while!

RhinofromWA said:
Moving the body to not make a mess, while a sound choice :rolleyes: does not prove they were rational at the time. It was a angry mob mentality and they, as a collective, dragged the poor soul to their death in the garage.
They stopped... changed venues and continued. C'mon...

RhinofromWA said:
I still think that temp insanity should not be a defense....but this guy got atleast some jurors sympathy to escape a guilty verdict.
3 guys... "she" was beaten by 3 people, and then the 4th (plead guilty as part of a plea deal) helped bury the body...

I personally want to know where the sister and other party goers where... did no-one think to stop them... :confused:
 

RhinofromWA

Brevity R Us
Aug 16, 2001
4,622
0
Lynnwood, WA
Slugman said:
To me, if I were a juror, that would show me that they were aware that their actions would cause serious damage and harm, and they fact that they took steps to avoid it in one area and then continued to do it in a separte is proof that htey knew what their actions would do... hence not temporarily insane.
If you grab a hunting rifle but need to use the bolt action to load a cartridge and fire does not mean you are in a rational state. :D or pulling a trigger shows a person new what to do to commit the crime. Some things are automatic and the brain doesn't stop irrational thoughts all togeather.

Some how moving the beating proves to you that they were of rational mind enough to choose to move to the garage. Some of my thoughts are if they were raging enough to kill "him" than taking "him" to the tools of "his" demise was part of the deal. Agian I think these guys should have been convicted. But not because they beat the guy to death with premeditation. I think they should be punished "because they killed this guy" Personally after I threw up :D I would be pissed and maybe slug him but beat to death....I hope not. If I did I should go to jail at least....maybe death. :eek: for taking a life.

It seems like you assume they black out when this happens and how no idea of what happened..... Rage is a conscious act. This is all about the temp insanity part not whether "he" deserved to be beat to death (he didn't)

I would have convicted her too... hit him once, OK. She treated him like her personal speedbump for a while!
Hitting him once is assult and possibly murder....it wasn't "OK" :)

3 guys... "she" was beaten by 3 people, and then the 4th (plead guilty as part of a plea deal) helped bury the body...

I personally want to know where the sister and other party goers where... did no-one think to stop them... :confused:
HE ;) Just because he dressed the part doesn't me he was one. I appologize for not stating the correct # of defendants in the trial. :rolleyes: :)

Burying(attempting to?) the body was a terrible act. I am curious about the party goers also, unless they were the party. :confused:
 

Slugman

Frankenbike
Apr 29, 2004
4,024
0
Miami, FL
RhinofromWA said:
If you grab a hunting rifle but need to use the bolt action to load a cartridge and fire does not mean you are in a rational state. :D or pulling a trigger shows a person new what to do to commit the crime.
To use your anaology - what would you say if they unloaded the clip, went to the drawer, got more bullets, reloaded and came back to unload the second clip...

RhinofromWA said:
Hitting him once is assult and possibly murder....it wasn't "OK" :)
It's nicer than what I would have done...

RhinofromWA said:
HE ;) Just because he dressed the part doesn't me he was one.
Yeah, biologically a HE, but mentally a SHE. That is an issue for the Psycologist... not me.
 

RhinofromWA

Brevity R Us
Aug 16, 2001
4,622
0
Lynnwood, WA
Slugman said:
To use your anaology - what would you say if they unloaded the clip, went to the drawer, got more bullets, reloaded and came back to unload the second clip...
Yes. you can still fit the bill of temp insane. Remember the "robot like state" of that lady who shot her husband in the back earlier. You can still function while enraged and that is why I feal temp insanity should NOT be a defense. I don't want people to think I am defending them. ;) I think INSANE people (real ones) shouldn't be walking around to hurt themselves or people either. :eek: Temp insane = "Enraged, and you didn't stop yourself" to me. That is just as punishable in my eyes.

It's nicer than what I would have done...
So running him over for cheating is OK with you? I mean should she have gotten off free even though you could imagine her rage....is it somehow excusable since she was (temp insane) angry?

I don't think it is. A crime of passion is still a crime.

I am sure I am missunderstanding but it seems that you give the lady a break with the temp insanity part and the guys with the guy nothing....:confused: as far as temp insanity goes I don't see them as different at all.

Yeah, biologically a HE, but mentally a SHE. That is an issue for the Psycologist... not me.
Well then stop calling him a her....:D lol I guess in this situation it "walked like a duck and quacked like a duck....but wasn't a duck at all." :eek: :D